Molds are fungi that can grow anywhere in a house where there is a little moisture, such as. Molds are not poisonous themselves, but some of them do produce poisons, called mycotoxins. Some homeowners claim that mold in their own home has made them ill, claims that are being debated in both labs and courtrooms.
Implied Warranty of Habitability
Landlords have a legal obligation to keep rental property”habitable,” that the California Department of Community Affairs states. That includes requirements that the electricity, air-conditioning and water all work, the construction is sound and there are no leaks in the roof or cracks in the windows. She’ll prevent a lot of mold problems from starting, if the law is followed by the landlord. If, on the other hand, an apartment develops a bumper crop of mold as the landlord didn’t fix a leaky pipe, a renter that can convince a jury that the mold caused health issues might be able to win damages. If the mold could be blamed on the renter’s own behavior, such as not cleaning the kitchen, the landlord has no liability.
State Laws
No national laws on mold elimination exist, but several countries, including California, have passed on mould laws. California’s Toxic Mold Protection Act of 2001 authorizes the state to establish permissible levels of indoor mould exposure for sensitive populations — children and asthmatics, for example — and to establish remediation and cleanup criteria for landlords and owners, the Nolo legal website states. In accordance with Nolo, state health officials have yet to publish their criteria.
Local Laws
In San Francisco, Nolo states, mold is a”legal aggravation,” meaning landlords could be held liable only as though they left heaps of crap around the property or allowed an infestation of rats or roaches. The city’s policy means that renters or city caregivers are able to sue landlords who fail to clean mold up. Some other cities, such as New York, have also enacted mould regulations.
Leases
Some leases contain clauses exempting the landlords for legal accountability for any mould growth. In a minumum of one court case, Nolo states, the judge ruled that it could be against public policy to take this as a legitimate defense.